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Vol 23 No 5 May/June 2018

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Mixed Jurisdictions Worldwide

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Vernon Valentine PalmerTulane University, Louisiana

ISBN13: 9780521781541
ISBN: 052178154X
Published: March 2001
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780521033817

Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'etre, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.

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Part I. Introduction and Comparative Overview: Introduction to the mixed jurisdictions Vernon Valentine Palmer; 1. A glimpse at the extended family; 2. The mixed jurisdictions in profile: three characteristics; 3. The 'delicate' question of new family; 4. Research methods and national reports; 5. A descriptive and comparative overview Vernon Valentine Palmer; 6. Upon an invisible foundation: the claims of culture to the civil law sphere; 7. The cultural voices of judge and jurist: purists, pragmatists and pollutionists; 8. The system builders and their edifice; 9. The linguistic factor: the demands of dualism; 10. The place of precedent in legal reasoning and the scheme of legal sources; 11. The penetration of common law-pattern and process; 12. 'Original Law' - the process of creating autonomous law; 13. The broad assimilation of Anglo-American procedure and evidence; 14. Commercial law: the role of the dominant economy; Interim conclusions
Part II. The Comparative Evidence: 1. The Republic of South Africa Paul Farlam, Reinhard Zimmerman (Report 1); C. G. van der Merwe, J. E. DuPlessis, M. J. De Waal (Report 2); 2. Scotland Elspeth Reid (Report 1); Robert Leslie (Report 2); 3. Louisiana Vernon Valentine Palmer; 4. Quebec John Brierley (Report 1); Jean-Louis Baudouin (Report 2); 5. Puerto Rico Ennio Colon and Associates; 6. The Philippines Pacifico Agabin; 7. Israel Stephen Goldstein.